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(영문) 제주지방법원 2020.02.13 2018가단65929
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts without dispute;

A. The Plaintiff and the Defendant agreed to operate the Pitice Center C (hereinafter “instant Pitice Center”).

B. The investment of the Plaintiff and the Defendant made an investment in the Fund to use it as costs necessary for the operation of the Fund, and the Defendant made an investment in more money than the Plaintiff does not conflict between the parties. Accordingly, the parties concerned dispute over the specific amount invested by the Plaintiff and the Defendant.

C. On April 24, 2018, the Defendant did not notify D of the Plaintiff, and transferred the instant right to operate the Egyptian Center to KRW 280 million and received the said money.

Before filing the instant lawsuit, the Defendant paid the Plaintiff KRW 80,055,648, which is part of the above KRW 280,000,000,000.

E. There is no disposal document, such as a contract related to the business operation of the instant Employment Center.

2. Determination:

A. The plaintiff's summary of the plaintiff's assertion and the defendant are to operate the Employment and Management of the Employment and Management Center. The plaintiff invested KRW 80 million, and the defendant invested KRW 150 million in order to use it as expenses necessary for the operation of the Employment and Management of the Employment and Management Center.

However, the Plaintiff and the Defendant agreed to share 50% of the facility and right of the instant skin center, so the Defendant shall obtain the consent of the Plaintiff when transferring the right to operate the instant skin center, and 50% of the transfer price shall have the right of the Plaintiff.

However, without the plaintiff's consent, the defendant committed a tort that transfers the right to operate the Traice Center of this case. The damages suffered by the plaintiff are KRW 140,000,000, which is 50% of the amount that the defendant received as transfer money. Thus, the defendant is obligated to pay 140,000,000 to the plaintiff as damages.

The plaintiff is a person who received KRW 80,055,648 from the defendant, but without any special reason.

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